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Link to original content: http://www.legislation.gov.uk/asp/2012/8/schedule/2A/data.xml
http://www.legislation.gov.uk/asp/2012/8/schedule/2APolice and Fire Reform (Scotland) Act 2012An Act of the Scottish Parliament to make provision about policing; to make provision about fire and rescue services; and for connected purposes.texttext/xmlenStatute Law Database2024-05-15Expert Participation2023-12-01 SCHEDULE 2A<Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">POLICE NEGOTIATING BOARD FOR SCOTLAND</Addition> (introduced by section 55A)<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Status of the PNBS</Addition></Emphasis>11The PNBS—ais not a servant or agent of the Crown, andbhas no status, immunity or privilege of the Crown.2The property of the PNBS is not property of, or property held on behalf of, the Crown.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Chairing and membership</Addition></Emphasis>21The PNBS is to consist of—aa chairperson,bother persons representing the interests of each of—ithe Authority,iithe chief constable,iiiconstables (other than special constables) and police cadets,ivthe Scottish Ministers.2It is for the Scottish Ministers to appoint the chairperson.3Other members are to be appointed in accordance with the constitution prepared under paragraph 5.4A member of the PNBS holds and vacates office in accordance with the terms of the member's appointment.5The chairperson may—aresign from office by giving notice in writing to the Scottish Ministers,bbe removed from office if, in the opinion of the Scottish Ministers, the person is unable, unfit or unwilling to perform the functions of the office.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Temporary chairperson</Addition></Emphasis>31The PNBS may have a temporary chairperson if (for the time being)—athere is no chairperson, orbthe chairperson is unavailable to act.2A reference in this Chapter to the chairperson is to be read, where appropriate to do so by virtue of sub-paragraph (1), as meaning or including (as the context requires) the temporary chairperson.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Disqualification from chairing</Addition></Emphasis>4A person is disqualified from appointment, and from holding office, as the chairperson of the PNBS if the person is or becomes—aa member of the House of Commons,ba member of the Scottish Parliament,ca member of the European Parliament,da Minister of the Crown,ea member of the Scottish Government,fa civil servant.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Constitution and procedure </Addition><Abbreviation Expansion="et cetera" xml:lang="la"><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">etc.</Addition></Abbreviation></Emphasis>51It is for the Scottish Ministers to prepare the constitution for the PNBS.2The constitution must regulate the procedure for consensus to be reached among the members of the PNBS on the terms of representations to be made under section 55B(1) or 55C(1).3The constitution—amay require a dispute on representations to be made under section 55B(1) to be submitted to arbitration by agreement among the members to do so, and must not prevent such a dispute from being submitted to arbitration on such agreement (except prevention by way of limitation as allowed below),bmay—iauthorise the chairperson to submit such a dispute to arbitration without such agreement,iilimit how often within a reporting year such a dispute can be submitted to arbitration (including limitation framed by reference to particular matters or circumstances).4The constitution may contain provision about—amembership (including number of members to represent each of the interests mentioned in paragraph 2(1)(b)),binternal organisation (for example, committees and office-holders),cprocedures to be followed (including conduct of meetings),dthe content of a report required by section 55E,esuch other matters as the Scottish Ministers consider appropriate.5The Scottish Ministers—amust keep the constitution under review,bmay revise it from time to time.6Before preparing or revising the constitution, the Scottish Ministers must consult—athe Authority,bthe chief constable, andcpersons representing the interests of constables (other than special constables) and police cadets.7The constitution, or any revision of it, has effect only when brought into effect by the Scottish Ministers by regulations.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Process of arbitration</Addition></Emphasis>61Sub-paragraph (2) applies where—aa dispute is submitted to arbitration in accordance with the constitution, andbno arbitration agreement relating to the dispute is in place.2A document submitting the dispute to arbitration is deemed to be an arbitration agreement.3For the application of the Arbitration (Scotland) Act 2010, a reference in this paragraph to an arbitration agreement is to such an agreement as defined by section 4 of that Act.71Sub-paragraph (2) applies for the purpose of arbitration in accordance with the constitution (whether such arbitration arises by reason of a real or deemed arbitration agreement).2Regulations under paragraph 5(7) may include provisions disapplying or modifying the mandatory rules in schedule 1 to the Arbitration (Scotland) Act 2010.81Sub-paragraph (2) applies for the purpose of the operation of section 55D.2Regulations under paragraph 5(7) may include provisions specifying, by reference to particular matters or circumstances, what are qualifying cases.<Emphasis><Addition ChangeId="key-c52df53f7c9d62b5dac183357eb5957c-1680106692240" CommentaryRef="key-c52df53f7c9d62b5dac183357eb5957c">Remuneration and expenses</Addition></Emphasis>91The Scottish Ministers may pay—asuch remuneration to the chairperson of the PNBS as they think fit,bsuch expenses of the members of the PNBS as they think fit.2The Scottish Ministers must pay such expenses as they consider are reasonably required to be incurred to enable the PNBS to carry out its functions.Sch. 2A inserted (9.3.2023) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 3; S.S.I. 2023/49, art. 2(c)